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In a two-sentence letter Thursday from the Court of Appeals, Trump’s attorneys were notified that Judge Jenny Rivera denied Trump’s request.

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If Friday’s sentencing does move forward, Merchan has already signaled that he will not impose any punishment on Trump. But the sentencing of a former president – and soon to be sitting president – would mark a symbolic but historic and unprecedented moment in US history.

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“Justice Alito’s decision to have a personal phone call with President Trump — who obviously has an active and deeply personal matter before the court — makes clear that he fundamentally misunderstands the basic requirements of judicial ethics or, more likely, believes himself to be above judicial ethics altogether,” Maryland Rep. Jamie Raskin said in a statement Thursday.

Justices can decide for themselves whether recusal is warranted, and it is rare that that they do so.

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